1-1                                   AN ACT
 1-2     relating to the appraisal and ad valorem taxation of retail
 1-3     manufactured housing inventory.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 23.127(a), (e), and (h), Tax Code, are
 1-6     amended to read as follows:
 1-7           (a)  In this section:
 1-8                 (1)  "Chief appraiser" means the chief appraiser for
 1-9     the appraisal district in which a retailer's retail manufactured
1-10     housing inventory is located.
1-11                 (2)  "Collector" means the county tax
1-12     assessor-collector for the county in which a retailer's retail
1-13     manufactured housing inventory is located.
1-14                 (3)  "Declaration" means a retail manufactured housing
1-15     inventory declaration form adopted by the comptroller under this
1-16     section.
1-17                 (4)  "Department" means the Texas Department of Housing
1-18     and Community Affairs.
1-19                 (5)  "HUD-code manufactured ["Manufactured] home" has
1-20     [and "manufactured housing" have] the meaning assigned  [those
1-21     terms] by Section 3, [the] Texas Manufactured Housing Standards Act
1-22     (Article 5221f, Vernon's Texas Civil Statutes).
1-23                 (6)  "Manufactured housing" means:
1-24                       (A)  a HUD-code manufactured home as it would
 2-1     customarily be held by a retailer in the normal course of business
 2-2     in a retail manufactured housing inventory; or
 2-3                       (B)  a mobile home as it would  customarily be
 2-4     held by a retailer in the normal course of business in a retail
 2-5     manufactured housing inventory.
 2-6                 (7)  "Mobile home" has the meaning assigned by Section
 2-7     3, Texas Manufactured Housing Standards Act (Article 5221f,
 2-8     Vernon's  Texas Civil Statutes).
 2-9                 (8) [(6)]  "Owner" means a retailer who owes current
2-10     year inventory taxes imposed on a retailer's retail manufactured
2-11     housing  inventory.
2-12                 (9) [(7)]  "Retail manufactured housing inventory"
2-13     means all units of manufactured housing [homes] that a retailer
2-14     holds for sale at retail.
2-15                 (10) [(8)]  "Retailer" has the meaning assigned [that
2-16     term] by Section 3, [the] Texas Manufactured Housing Standards Act
2-17     (Article  5221f, Vernon's Texas Civil Statutes).
2-18                 (11) [(9)]  "Retailer-financed sale" means the sale at
2-19     retail of a unit of manufactured housing [home] in which the
2-20     retailer  finances the purchase of the unit of manufactured housing
2-21     [home], is the sole lender in the transaction, and retains
2-22     exclusively  the right to enforce the terms of the agreement that
2-23     evidences the sale.
2-24                 (12) [(10)]  "Sales price" means the total amount of
2-25     money paid or to be paid to a retailer for the purchase of a unit
2-26     of  manufactured housing [home], excluding any amount paid for the
2-27     installation of the unit [home].
 3-1                 (13) [(11)]  "Subsequent sale" means a
 3-2     retailer-financed sale of a unit of manufactured housing [home]
 3-3     that, at the time of  the sale, has been the subject of a
 3-4     retailer-financed sale from the same retail manufactured housing
 3-5     inventory in the same calendar year.
 3-6                 (14) [(12)]  "Total annual sales" means the total of
 3-7     the sales price for each sale from a retail manufactured housing
 3-8     inventory in a 12-month period.
 3-9           (e)  A retailer is presumed to be an owner of a retail
3-10     manufactured housing inventory on January 1 if, in the 12-month
3-11     period ending on December 31 of the immediately preceding year, the
3-12     retailer sold a unit of manufactured housing [home] to a person
3-13     other than a retailer.  The presumption created by this subsection
3-14     is not rebutted by the fact that a retailer does not have any units
3-15     of manufactured housing [homes] physically on hand for sale from
3-16     the  retail manufactured housing inventory on January 1.
3-17           (h)  If a retailer fails to file a declaration as required by
3-18     Subsection (f), or if, on the declaration required by Subsection
3-19     (f) a retailer reports the sale of fewer than two units of
3-20     manufactured housing [homes] in the preceding year, the chief
3-21     appraiser shall  report that fact to the department.
3-22           SECTION 2.  Sections 23.128(a), (b), (e), (f), and (g), Tax
3-23     Code, are amended to read as follows:
3-24           (a)  In this section:
3-25                 (1)  "Aggregate tax rate" means the combined tax rates
3-26     of all appropriate taxing units authorized by law to impose
3-27     property taxes on a retail manufactured housing inventory.
 4-1                 (2)  "Appropriate taxing unit" means a taxing unit,
 4-2     including the county, authorized by law to impose property taxes on
 4-3     a retail manufactured housing inventory.
 4-4                 (3)  "Chief appraiser," "collector," "declaration,"
 4-5     ["manufactured home,"] "manufactured housing," "owner," "retail
 4-6     manufactured housing inventory," "retailer," "sales price,"
 4-7     "subsequent sale," and "total annual sales" have the meanings
 4-8     assigned [those terms] by Section 23.127.
 4-9                 (4)  "Statement" means the retail manufactured housing
4-10     inventory tax statement filed on a form adopted by the comptroller
4-11     under this section.
4-12                 (5)  "Unit property tax factor" means a number equal to
4-13     one-twelfth of the preceding year's aggregate ad valorem tax rate
4-14     at the location at which a retail manufactured housing inventory is
4-15     located on January 1 of the current year.
4-16           (b)  Except for a unit of manufactured housing [home] sold to
4-17     a retailer or a unit of manufactured housing [home] that  is the
4-18     subject of a subsequent sale, a retailer or a person who has agreed
4-19     by contract to pay the retailer's current year property taxes
4-20     imposed on the retailer's manufactured housing inventory shall
4-21     assign a unit property tax to each unit of manufactured housing
4-22     [home] sold from a retail manufactured housing inventory.  The unit
4-23     property tax of each unit of manufactured housing [home] is
4-24     determined by multiplying the sales price of the unit [manufactured
4-25     home] by the unit property tax factor.  On or before the 10th day
4-26     of each month the retailer shall, together with the statement filed
4-27     by the retailer as provided by this section, deposit with the
 5-1     collector an amount equal to the total of the unit property tax
 5-2     assigned to all units of manufactured housing [homes] sold from the
 5-3     retail manufactured housing inventory in the preceding month to
 5-4     which a unit property tax was assigned.  The collector shall
 5-5     deposit the money to the credit of the retailer's escrow account
 5-6     for prepayment of property taxes as provided by this section.  An
 5-7     escrow account required by this section is used to pay property
 5-8     taxes imposed on the retail manufactured housing inventory, and the
 5-9     retailer shall fund the escrow account as provided by this
5-10     subsection.
5-11           (e)  The comptroller by rule shall adopt a form entitled
5-12     "Retail Manufactured Housing Inventory Tax Statement."   A retailer
5-13     shall complete the form with respect to each unit of manufactured
5-14     housing [home] sold.  A retailer may not use another form for that
5-15     purpose.  The statement shall include:
5-16                 (1)  a description of the unit of manufactured housing
5-17     [home] sold, including any unique identification or serial number
5-18     affixed to  the unit [manufactured home] by the manufacturer;
5-19                 (2)  the sales price of the unit of manufactured
5-20     housing [home];
5-21                 (3)  any unit property tax of the unit of manufactured
5-22     housing [home];
5-23                 (4)  the reason a unit property tax is not assigned if
5-24     that is the case; and
5-25                 (5)  any other information the comptroller considers
5-26     appropriate.
5-27           (f)  On or before the 10th day of each month, a retailer
 6-1     shall file with the collector the statement covering the sale of
 6-2     each unit of manufactured housing [home] sold by the retailer in
 6-3     the preceding month.  A retailer shall file a copy of the statement
 6-4     with the chief appraiser and retain documentation relating to the
 6-5     disposition of each unit of manufactured housing [home] sold.  A
 6-6     chief appraiser or collector may examine documents held by a
 6-7     retailer as required by this subsection in the same manner, and
 6-8     subject to the same conditions, as in Section 23.127(g).
 6-9           (g)  Subsection (f) applies to a retailer regardless of
6-10     whether the retailer owes retail manufactured housing inventory tax
6-11     for the current year.  A retailer who does not owe any retail
6-12     manufactured housing inventory tax for the current year because the
6-13     retailer was not in business on January 1 may not assign a unit
6-14     property tax to a unit of manufactured housing [home] sold by the
6-15     retailer or remit money with the statement unless under the terms
6-16     of a contract as provided by Subsection (k).
6-17           SECTION 3.  Sections 23.128(h) and (i), Tax Code, are amended
6-18     to read as follows:
6-19           (h)  An appropriate taxing unit shall, on its tax bill
6-20     prepared for the owner of a retail manufactured housing inventory,
6-21     separately itemize the taxes imposed on the retail manufactured
6-22     housing inventory.  When the tax bill is prepared for a retail
6-23     manufactured housing inventory, the assessor for the taxing unit,
6-24     or an entity, if any, other than the collector, that collects taxes
6-25     on behalf of the taxing unit, shall provide the collector a true
6-26     and correct copy of the tax bill sent to the owner, including taxes
6-27     imposed on the retail manufactured housing inventory.  The
 7-1     collector shall apply the money in the owner's escrow account to
 7-2     the taxes imposed and deliver a tax receipt to the owner.  The
 7-3     collector shall apply the amount to each appropriate taxing unit in
 7-4     proportion to the amount of taxes imposed, and the assessor of each
 7-5     taxing unit shall apply the money received from the collector to
 7-6     the taxes owed by the owner.  No penalties or interest shall be
 7-7     assessed against an owner for property taxes which the owner has
 7-8     previously paid but which are not delivered to the appropriate
 7-9     taxing unit before the date on which such taxes become delinquent.
7-10           (i)  If the amount in the escrow account is not sufficient to
7-11     pay the taxes in full, the collector shall apply the money to the
7-12     taxes and deliver to the owner a tax receipt for the partial
7-13     payment and a tax bill for the amount of the deficiency together
7-14     with a statement that the owner must remit to the  collector the
7-15     balance of the total tax due; however, no penalty or interest shall
7-16     be assessed against an owner for that portion of the property taxes
7-17     which represents the amount of the partial payment if the amount of
7-18     the deficiency is not paid before the date the deficiency is
7-19     delinquent.
7-20           SECTION 4.  Sections 1 and 2 of this Act take effect January
7-21     1, 2000, and apply only to an ad valorem tax year that begins on or
7-22     after that date.  Section 3 of this Act takes effect September 1,
7-23     1999.
7-24           SECTION 5.  The importance of this legislation and the
7-25     crowded condition of the calendars in both houses create an
7-26     emergency and an imperative public necessity that the
7-27     constitutional rule requiring bills to be read on three several
 8-1     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 3197 was passed by the House on April
         30, 1999, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 3197 on May 26, 1999, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 3197 was passed by the Senate, with
         amendments, on May 24, 1999, by the following vote:  Yeas 30, Nays
         0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor